(a) Competitive List:
(1) When a promotional competitive list has been certified by the City, the Division Head shall afford the employees on the list an interview. When the Division Head does not intend to appoint the employee who is first on the list, then the Division Head shall inform the bypassed employee the reason for being bypassed in writing. It is the intent of this Chapter of the Code that the employee who is first on a competitive promotional eligibility list should be appointed.
(2) When a promotional competitive list is used that contains more than thirty (30) names, employees whose names are certified from the list shall be afforded an interview. Selection shall be based upon a structured, standardized process. Employees who are not selected shall be informed, upon request, of the reasons why they were not selected.
(b) Noncompetitive and Continuous Lists
(1) The City may create noncompetitive promotional and continuous eligibility lists for any Local 7 classifications.
(2) Noncompetitive promotional eligible lists shall be comprised of Local 7 applicants who respond in a timely manner to an announcement for the classification and qualify as determined by the Department of Human Resources. City employees in lower salary groups may apply. The names of applicants who qualify under the provisions of this section shall be placed on the list by City seniority without a grade or ranking and the entire eligible list shall be certified to the division. Lists shall remain in force for six (6) months from the date of establishment unless extended by the Department of Human Resources for additional six month periods. When fewer than three (3) names remain on a list, the City may declare the list expired. The noncompetitive list shall be used in accordance with Section 2117.55, “Alternates”, for purposes of alternate appointments.
(3) Continuous eligible lists shall be comprised of Local 7 applicants who apply during the pendency of the list and qualify as determined by the Department of Human Resources. City employees in lower salary groups may apply. The names of Local 7 applicants who qualify under the provisions of this section shall be placed on the list by City seniority without a grade or ranking and the entire eligible list shall be certified to the division. Applicants' names shall remain on the list for two (2) years from the date of their placement on the list. When fewer than three (3) names remain on a list, the City may declare the list expired. The continuous eligible list shall be used in accordance with Section 2117.55, “Alternates”, for purposes of alternate appointments.
(4) (i) The employee who is determined most qualified to do the work from among the three (3) employees with the most “unit seniority” on the eligibility list in the next lower classification/ salary group in the unit shall have the right to be appointed to that position. If there are not at least three (3) eligible employees within the immediate lower classification/salary group, then the employee with the most unit seniority from the next lower classifi cation/salary group who is/are on the eligibility list shall be included for consideration to provide for selection from among three (3) candidates. If there are no employees on the list in the next lower classification/salary group below the vacancy, then the employee(s) determined most qualified to do the work from among the three (3) employees with the most unit seniority on the eligibility list in the next lower classification(s)/salary groups shall have the right to be appointed to that position and so forth until there are not at least three (3) within that unit eligible for appointment. Seniority for purposes of consideration from within the unit shall be “unit seniority”.
(4) (ii) If there are fewer than three (3) eligible employees within that unit, then the employee(s) with the most classification/salary group seniority who is/are on the eligibility list from the division in the next lower classification(s)/salary group(s) from the vacancy shall be included for consideration to provide for selection from among three (3) candidates. So long as one of the candidates is from within the unit in which the vacancy exists, unit seniority shall be the seniority used. If there are no employees on the eligibility list from within the unit, then the employee who is determined most qualified from among the three (3) employees on the list with the most classification/salary group seniority within that division, in the next lower classification/salary group, shall have the right to be appointed to that position. If there are not at least three (3) eligible employees within the immediate lower classification/salary group, then the most senior employee(s) on the eligibility list from the next lower classification/salary group with the division shall be included for consideration to provide for selection from among three (3) candidates and so forth until there are not at least three (3) employees within that division eligible for appointment.
(4) (iii) If there are fewer than three (3) eligible employees within the division, then the candidate(s) with the most City seniority on the eligibility list shall be included for consideration to provide for selection from among three (3) candidates. So long as one of the candidates is from the division in which the vacancy exists, classification/salary group seniority shall be the seniority used. If there are no employees on the eligibility list from within the division, then the employee who is determined most qualified from among the three (3) employees on the list with the most City seniority shall be appointed.
(5) In the event that there are fewer than three names on the Noncompetitive Promotional Eligibility List or continuous Eligibility List and the list is expired by the City, or the list has not been extended, then the City must exhaust the provisional listings under Paragraph (c) and the remainder of the priorities set forth in Section 2117.47, “Vacancies”, prior to utilizing a recruitment list.
(c) Provisional Listings
(1) In the absence of an eligibility list, the employee who is determined most qualified to do the work from among the three (3) qualified employees with the most “unit seniority” willing to accept the position in the next lower classification/salary group in the unit shall have the right to be appointed provisionally to that position. If there are not at least three (3) eligible employees within the immediate lower classification/salary group, then the most senior qualified employee(s) from the next lower classification/salary group in the unit shall be included for consideration to provide for selection from among three (3) candidates. If there are no eligible employees within the immediate lower classification/salary group below the vacancy in the unit, then the employee(s) determined most qualified to do the work from among the three (3) most senior employees willing to accept the position in the next lower classification/salary group(s) shall have the right to be appointed provisionally to that position and so forth until there are not at least three (3) within that unit eligible for appointment.
(2) If there are not three (3) eligible employees within that unit, then the employee(s) with the most classification/salary group seniority from the next lower classification/salary group in the division who are qualified and willing to accept the appointment shall be included for consideration for selection from among three (3) candidates. So long as one of the candidates is from within the unit in which the vacancy exists, unit seniority shall be the seniority used. If there are no employees qualified and willing to accept the position from within the unit, then the employee who is determined most qualified from among the three (3) employees with the most classification/salary group seniority within that Division who are qualified and willing to accept the position, in the next lower classification/salary group, shall have the right to be appointed provisionally to that position. If there are not at least three (3) eligible employees within the immediate lower classification/salary group, then the most senior employee(s) qualified and willing to accept the position from the next lower classification/salary group within the division shall be included for consideration to provide for selection from among three (3) candidates and so forth until there are not at least three (3) employees within that Division eligible for appointment.
(3) If no employee is selected within the Division, the Commissioner of the Division shall notify the Department of Human Resources office of the vacancy. The Department of Human Resources office shall send a notice of the vacancy to all Divisions and to all Union Stewards. The notice shall be posted in all work units. Employees shall have five (5) work days to submit an application to be considered for the position. These requests shall be filed with the Department of Human Resources. The qualifications of the applicants shall be determined by the Selection & Evaluation Section. The Department of Human Resources shall submit the list of qualified applicants to the Commissioner of the Division where the vacancy exists. The Commissioner of that Division shall appoint from this list to fill the vacancy provisionally.
(4) When an employee is appointed on a provisional basis, said employee shall become a permanent appointee in the classified service at the conclusion of the employee's promotion probationary period.
(d) In selecting non-competitive and provisional appointees, consideration shall be given to seniority, experience, work record/performance, attendance, disciplinary record, education/training, demonstrated ability to perform the job and the results of a structured interview and/or other competency examination, if the Division Head chooses to have interviews or a competency exam conducted. A structured standardized process shall be developed by the City to be used in making these selections with input from the Union. However, the City retains the right to make the final decision on the process.
(e) In the event of a vacancy in a Local 2058 bargaining unit classification for which there is no eligibility list and for which the City intends to fill by provisional appointment, the City shall follow the procedure below:
(1) The City shall fill the provisional appointment with any qualified employees within the Local 2058 bargaining unit pursuant to the terms of Article 2105.45, Provisional Appointments, of the contract between the City and Local 2058.
(2) In the event there are no qualified employees within Local 2058 from which to make the provisional appointment and the procedures set forth in Article 2105.45 have been exhausted, then the City shall make the provisional appointment from among the interested candidates who are members of the Local #7 bargaining unit.
(3) In selecting a candidate for a provisional appointment to a Local 2058 position from among the bargaining unit members of Local #7, the City shall apply the language above.
(4) For purposes of selection to Local 2058 bargaining unit positions, “unit” as used in this section shall be the applicable Local 2058 work unit.
(f) Selection Review
Employees bypassed for selection more senior to the employee selected shall be informed, in writing, of the reason(s) they were not selected by the person making the selection. They may appeal the determination to the Department of Human Resources at Step 3 of the grievance procedure for a determination as to the adequacy of the reason(s) for the bypassing. Said appeal must be filed within three (3) work days of notification of non-selection. Appointment to the position shall not occur until a determination by the Department of Human Resources has been made. For promotions to Local 2058 bargaining unit positions, the determination at the Department of Human Resources level shall be final. For promotions to Local 7 positions, appeal may proceed through the grievance procedure. If the appointment is overturned, the original appointee shall be reinstated to that former position with no loss of seniority.
(g) Promotion Probationary Period
An employee promoted to a higher classification who is found to be unsuited for the work of the new classification, or who desires to return to the former position during the four hundred eighty (480) actual work hour probationary period, shall be reinstated to that former position with no loss of unit seniority. If the employee's former position has been filled, the employee filling that position may be removed and reinstated to their former position, and so forth, with no loss of unit seniority.
(h) Training Credit/Career Pathing
The City may develop training programs using either internal or external resources to enable employees to meet, in whole or in part, experience requirements for higher level Local 7 bargaining unit positions.